Have you even got a defective product from a shop? And the shop owner refuses to either exchange it or give a refund? There are certain rights provided to the consumers through the consumer protection act so that no seller can deny their responsibility or practice unfair trade practices.
Who is a Consumer?
Any individual who purchases products or services for his personal use and not for manufacturing or resale is called a consumer. It does not include a person who obtains a good for resale or a good or service for commercial purposes.
Consumer Protection Act, 1986
The Consumer Protection Act,1986 (COPRA) was an Act by the Parliament of India enacted to protect the interests of consumers in India. It was replaced by the Consumer Protection Act, 2019. This act authorizes the consumer forums and other authorities related to it to deal with the matter of consumer grievance and matters connected to it.
Consumer Protection Act, 2019
Consumer Protection Act, 2019 replaces COPRA, 1986. This act has been made stricter than earlier acts. New laws and sections were added to justify the changing times.
- E-commerce has been included in COPRA,2019. This means that it has become compulsory for all online websites to mention every single detail regarding their product on their website. The country of origin must also be mentioned.
- The act also includes mediation where scope exists and the parties agree to it.
- If any advertisement provides falsified information regarding the product or is enticing you then you can file a complaint against it. And if any person publicizes any such advertisement, then he may be charged with a fine or imprisonment.
- You can file a consumer complaint anywhere in the country. It is not necessary to file a complaint about a product in the same city where it was purchased. You can file a complaint from a different place also.
- The act has the provision of the Establishment of the Central Consumer Protection Authority (CCPA) which will protect, promote and enforce the rights of consumers. The CCPA will regulate cases related to unfair trade practices, misleading advertisements, and violations of consumer rights. The Central Consumer Protection Authority will have an investigation wing to enquire and investigate such violations.
Rights of Consumers
- Right to choose
- It means that the consumer must be a choice to choose from a variety of products at a competitive price.
- Right to safety
- Right to be provided with safe products that do not put the life of consumer at risk or do any other bodily harm i.e., hazardous products. A consumer should buy a product with certified quality marks like ISI, AGMARK, etc.
- Right to be informed
- Consumers have the right to be informed about the quality, quantity, potency, purity, standard, and price of goods.
- Right to consumer education
- Consumers should be aware of/her rights and avoid exploitation. Ignorance can cost them more.
- Right to be heard
- It refers to the right to be heard in consumer forums
- Right to seek redressal
- In the case of unfair trade practices or consumer mistreatment, the consumer deserves the right to seek redressal. It also includes a consumer’s right to a fair settlement of legitimate issues.
Changes in Consumer Forums According to COPRA, 2019
There are 3 levels of consumer forums in our country: –
- District Consumer Dispute Redressal Forum
- Will hear cases for claims for compensation up to Rs 1 crore at a district level. Earlier it used to hear cases for claims up to Rs 50 lakh
- State Consumer Dispute Redressal Forum
- Hears cases for claims for compensation more than Rs 1 crore but less than Rs 10 crore at a state level. Earlier it used to hear cases for claims between Rs 50 lakh and Rs 2 crore.
- Nation consumer dispute redressal Commission (NCDRC)
- Hears cases for claims for compensation more than Rs 10 crore at the national level. Earlier it used to hear cases for claims for more than Rs 2 crore.
For filling a case you need to check the monetary jurisdiction of the consumer court. If you are unsatisfied with the judgment of a forum then you can approach the higher forum. The decisions of NCDRC are challenged in the supreme court.
Conclusion
It’s always better to beware than to ask for compensation later. While buying a product you as a consumer must check all the essentials to make sure that you are buying the right product. But even after your awareness, that the product you received was defective then you can use Consumer Protection Law to protect yourself. COPRA, 2019 includes laws for new areas like E-commerce in which consumers were unprotected before.
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